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USA

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The U.S. is a country of 50 states covering a vast swath of North America, with Alaska in the northwest and Hawaii extending the nations presence into the Pacific Ocean. Major Atlantic Coast cities are New York, a global finance and culture centre, and capital Washington, DC. Midwestern metropolis Chicago is known for influential architecture and on the west coast, Los Angeles' Hollywood is famed for filmmaking

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Capital

Washington D.C

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Population

327.2 million (2018)

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Currency

US Dollar

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GDP

$ 20.50 Trillion

About Program

The fast track business and investment programs provide the entrepreneurs a chance to immigrate to the destination of their choice in a hassle-free manner. USCIS administers the EB-5 program, created by Congress in 1990 to stimulate the U.S. economy through job creation and capital investment by foreign investors. Under a program initially enacted as a pilot in 1992, and regularly reauthorized since then, investors may also qualify for EB-5 classification by investing through regional centers designated by USCIS based on proposals for promoting economic growth. Under the business resettlement programs for USA, the EB-5 program is the best way to get a USA Green Card. All one has to do is invest an amount of not less than $900,000 in any of the Government Approved Regional Centers of America.

EB-5 visas enable foreigners to immigrate to the United States if they make an investment in a U.S. business. United States Citizenship and Immigration Services (USCIS) administers the EB-5 immigrant investor program. EB-5 visas, also known as Employment Based Fifth Preference visas, are immigrant visas. This means that EB-5 visa holders are granted a green card which allows them to eventually permanently live and work in the United States. EB-5 visa holders can also bring their spouse and unmarried children under the age of 21 to the United States. Recent improvements towards transparency in the EB-5 investor program by USCIS have led to a greater number of program applicants in recent years.

EB-5 Requirements

There are several requirements that foreign investors must meet to qualify for an EB-5 visa. Investors must make the required capital investment in a U.S. business. The required investment is typically either $900,000 or $1.8 million, depending on where the business that receives the investment is located. Regardless of the amount, the EB-5 investment must lead to the creation of 10 full time U.S. jobs for at least a two year period. EB-5 investments must also be made in an approved business entity. Approved business entities include new for-profit commercial businesses that can take one of many business structures. EB-5 visa applicants can also invest in regional centers that oversee EB-5 investment projects.

U.S. Citizenship

EB-5 investors have the opportunity to become United States citizens after they complete the EB-5 program. To qualify to become a U.S. citizen, the EB-5 visa holders must first be permanent residents for at least five years. Then the EB-5 visa holder can go through the naturalization process which enables them to become United States citizens. U.S. citizens enjoy even more rights over permanent residents. Citizens are granted voting rights that enable them to participate in federal, state, and local public elections. Sponsoring foreign family members is also easier for U.S. citizens. Citizens also become eligible for certain government benefit programs.

How to get USA Green Card

A major legal document to become a legal or permanent citizen of the United States of America is a green card. If a person has a green card, then he has been legally authorized to live and work in the USA for a permanent period. In simple words, a green card is a permanent resident card, which is generally issued by USCIS- U.S Citizenship and Immigration Services. But how to get USA green card?

Well, there are three major ways to obtain a green card. These are getting a green card through family, through the employer, and obtaining a green card as a refugee or asylee.

1.Through family

The easiest and most popular way to obtain a green card or permanent resident card is through the family. If you have a close relative in the U.S. and they have a green card, then you can file for getting a green card. The citizens of the United States of America have legal rights to petition unmarried children who are under 21 years old, spouses, and parents. For this, they need to legally show their relationship through USCIS Form I-130 Petition. The application needs to be followed by the Adjustment of Status Form I-485.

2. Through jobs or employers

Such type of green card category is versatile as it deals with your job as well as a permanent resident. If you have received a job offer, the employer can file a petition for a green card. How to get USA green card under this? The employer needs to obtain a labor certification from the United States Department of State. Besides, he/she should submit the I-140 Immigrant Petition Form. Besides, if you are an investor and have invested USD 1,00,000 into a brand-new business, then you can get a green card. You can also invest USD 500,000 into a business that deals with a particular employment area. Remember that that business must offer a minimum of 10 permanent jobs in the US. Sometimes, you can get a green card based on your extraordinary abilities. People like Olympic athletes and Nobel Prize winners are a perfect example of this.

3. As an asylee or refugee

If you are an immigrant and have entered the US as an asylee or refuge, you can also apply to get a green card after one year. You need to stay in the US for at least one year. As per the rules, those who are Asylees, they dont have to obtain a green card. If they meet all the required requirements, they dont have to file the immigrant petitions such as I-140 or I-130.

So, if you are still feeling confused about how to get USA Green Card, then its time to get in touch with us.

The most recent news is that the EB-5 Regional Center program is about to sunset, that is, to expire on June 30th, 2021. The reason is because it was decoupled from automatic renewals in the Congressional budgetary process following years of being renewed in that way. Meanwhile, as a result of a recent Behring court ruling, the minimum EB5 regional center program investment requirement has returned to $ 500,000 from a high of $ 900,000. The U.S Federal District Court held the regulation raising the amount was improperly adopted.

The EB-5 Reform and Integrity Act of 2021
Long before these developments occurred, U.S. Senators Chuck Grassley (R-IA) and Patrick Leahy (D-VT) introduced the EB-5 Reform and Integrity Act of 2021 to reauthorize the EB-5 regional center program in Congress. The Act, and a similar bill in the House, called for revisions to the EB-5 Regional Center Program to better protect investors, reduce corrupt practices in how it was being run and extend the life of the program for five years. For months now members of the EB-5 community, including for example Invest in the USA (IIUSA) and the American Immigration Lawyers Association (AILA), have been organizing support for the legislation to be adopted before the June 30th, 2021 deadline.
Behind the scenes, there has been a tussle between big money interests who have been supporters of a pro-urban EB-5 program, and the pro-rural supporters like Grassley and Leahy. The fight is over who defines Targeted Employment Areas (TEAs) that qualify for EB-5 regional centers. Pro-urban supporters want the TEAs determined at the state level like in the past which enabled big developers to access the program through creative measures. Pro-rural supporters want the TEAs to be decided federally which would restrict TEAs to places with high unemployment and limit access to creative measures favoring big developments. This conflict was the focus of the Bhering litigation which dealt with TEAs and investment requirements.

What is the Effect of the Behring Court Decision?
The Behring court decision struck down a regulation of the Department of Homeland Security that raised the minimum amount of money required to be invested under the Regional Center EB-5 Program from $ 500,000 to $900,000. The basis of the decision was that the official who implemented the regulation raising the minimum investment requirement was improperly appointed and therefore the regulation was unauthorized. The result is that currently, so long as the EB-5 Regional Center Program still exists, the minimum investment required for an approval of an EB-5 petition is $ 500,000. The question is whether this will remain or be changed?
As a recent EB-5 ILW.com commentary pointed out, the Administrative Procedure Act has provisions that allow an agency to make an interim final rule effective upon publication and accept comments later and USCIS has used these provisions before. The commentary adds, Mr. Mayorkas, Secretary of DHS, has already let the court know of the Biden administrations strong support of this regulation. It is hard to imagine that USCIS will not use all the tools at its disposal to fight the Behring decision.

Is the EB5 Program Extended?
Despite the last-minute effort of Senator Grassley to hot line his bill through the Senate last weekallowing for the bill to quickly pass, but only based on the unanimous consent or all the Senators, it was blocked. Senator Lindsey Graham objected to the effort thereby killing the passage of the bill before the July 4th, 2021 weekend congressional break. So for now, the EB-5 program has not been extended. The question is what impact will this have on investors?

Will investors who have invested and are waiting for the approval of their I-526 petition, or those who already have their approval but have not yet been processed for the green card, or indeed even those who have conditional green cards but not yet permanent green cards, still be able to get their approvals?
At this moment, since the program has expired, it is not possible to the Department of Homeland Security to issue green cards or even to approve pending applications on the way to such green cards. One of two developments will have to take place. Either the program will be reauthorized by Congress, or it will not.

If the program is reauthorized, as it has been previously over the course of its history and when it faced a shut down due to the government ceasing to function, then the USCIS will once again resume processing applications and presumably everyones application will fall back into line where it was before the program expired. Many officials and attorneys who have long been involved with the program expect that this is what will happen in the days ahead. Indeed, the Grassley bill could be passed by another attempt at unanimous consent after the holiday break.

However, if efforts to revive the program fail, as for example because of a stalemate in Congress or because other pressing events overtake the Congressional agenda leaving the EB-5 program in an inordinate extended limbo, then investors will be left with two challenges.
One will be to obtain a rebate of the funds invested. Those efforts will be governed by the terms of the regional center documents. In most instances, a procedure for obtaining rebates will have been included in the terms of the investment and an orderly liquidation of the indebtedness will have to be arranged by the regional centers. Where no such liquidation can be arranged, or where there are no arrangements made for such an eventuality, investors will have to resort to litigation to obtain a rebate of their funds. In addition, investors will be able to turn to the Securities Commission to enforce rebates where it can be established that regional centers did not comply with the terms of their founding documents or where there is evidence of misrepresentation or fraud.

What About Green Cards?
As for the other matter of getting green cards, in view of the termination of the program, investors may want to consult their attorneys about possible litigation for failing to follow due process in administering the program, including requiring investors to invest funds as a condition for filing EB5 petitions, allowing regional centers to make use of the investor funds so invested to create new jobs for Americans, stalling or at least mishandling the administration of the program through such actions as appointing unauthorized officials to administer the program thereby delaying the processing of petitions in due course, and ultimately not delivering the EB-5 benefit promised as the condition for initiation of the process. Whether all this will be even necessary will depend at least in part on whether existing applicants will be treated fairly or grandfathered in some way under the terms of the program as presented to them when they invested. The USCIS issued an update on June 30th, 2021 indicating that they are stopping all processing except I-829 approvals and acceptance of I-485 applications to adjust status although even here these will not be processed until the program is resuscitated.
For the time being, there is no reason to panic, nor to even be overly concerned. The most likely scenarios appear to be that the EB-5 program will indeed be reinstated by Congress and the matter of the Behring ruling will be resolved either by a new regulation or by an appeal to the Court of Appeal reinstating the $ 900,000 requirement in due course. While not everyone will be satisfied by such developments, patience is advised. It is wiser to allow the process to sort itself out than to take hasty measures.

Eligibility Criteria

eligibility-criteria
Investment

Invest $ 900,000 in a Government approved Regional Center

eligibility-criteria
Source of funds

Source of funds should
be legal

eligibility-criteria
Experience

No requiremet of perior
business experience

eligibility-criteria
Education

No requirement of
education

eligibility-criteria
Age

Must be at least 18 years old

eligibility-criteria
Language

English language not necessary

eligibility-criteria
Health

Good health mandatory

eligibility-criteria
Dependent

Dependent age upto 21 years

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